And if a man smite his servant, or his maid, with a rod, and he die under his hand; he shall be surely punished.
If a man smite his servant, or his maid, with a rod, and he die ... х basheebeT (H7626)] - with the rod. Among the Israelites, as among all other people where slavery existed, the owner possesses the power of punishing his delinquent servants. But the exercise of absolute authority is liable at times to be abused; and hence, with a view to check the indulgence of intemperate passion, or excesses of undue severity, Hebrew masters were liable to be called to account for maltreatment of their servants; and in extreme cases, where the death of the servant resulted from the infliction of the rod, his master rendered himself in the eye of the Jewish law obnoxious to punishment. The precise amount of punishment, however, is not specified; for since there could be no retention on the master's part to kill his servant, the sentence of death awarded in the case described, Exodus 21:12, would have been manifestly unjust. The kind of punishment was probably left to be determined, on judicial inquiry, according to the general principles of the law. [But the phrase naaqom (H5358) yinaaqeem (H5358), 'it is to be surely avenged,' indicates that the punishment was to be severe, and by no means remitted. Jewish commentators affirm that he was executed by the sword.]